How do I respond?
The application served on you will include details of the first court date. You may choose to file a response before the first court date. If you file a response, you must complete the Response – Human rights and file and serve it within 28 days after receiving the application.
You do not need to specify any orders sought if:
- you are not seeking further or alternative orders, or
- you are only seeking dismissal of the application with costs or opposing interlocutory orders.
You will need to specify the orders sought if you claim further or alternative orders, including by way of a cross-claim. If further or alternative orders are sought, you may have to pay a fee.
If you oppose the orders, or are seeking further orders, you must explain briefly the basis on which the orders are sought. If you complete the response form satisfactorily, you do not need to file a supporting affidavit. However, if you do not fully complete the form, you may need to file an Affidavit - General federal law and migration setting out the evidence supporting your response. If you need to file an affidavit, see the fact sheet Preparing an affidavit.
If a statement of claim or points of claim have been filed, you will need to file a defence or points of defence instead of an affidavit.
If you do not file a response, you must file and serve a Notice of address for service before the hearing.
Filing with the Court
Wherever possible, you must file court documents commencing or relevant to an existing matter online using eLodgment. You may also eLodge documents regarding a proceeding including draft orders, consent orders, and case management correspondence.
See the Federal Court website for information on how to use eLodgment.
If it is not possible to file using eLodgment, you may be able to file your documents in person, by mail, or in certain circumstances by fax or email. Contact the Court if you are not sure how to file the documents.
First court date
You (or your lawyer) must attend court on the first court date. If you don’t attend, the Court could make orders against you.
The hearing on the first court date is a case management hearing. This is an administrative hearing to set the timetable for the case and see whether the matter might resolve. The orders made on the first court date will include a timetable for filing documents relevant to the proceeding, such as your response, and may include an order for mediation.
Seeking legal advice
You should seek legal advice about your matter as soon as possible. A lawyer can help you understand your legal rights and responsibilities. They can also explain how the law applies to your case. The law can be complex and it is important to obtain independent legal advice in relation to your situation.
A community legal centre or legal aid may be able to assist you with advice.
